The Supreme Court cancelled the bail of Actor Darshan & others in a Karnataka case, stressing that the law is equal for all. Justice Pardiwala praised Justice Mahadevan’s strong ruling that “no one is above the law.”
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NEW DELHI: The Supreme Court has once again reminded everyone that the rule of law is supreme in India, and no person can escape legal accountability—whether powerful or ordinary.
The bench was hearing Criminal Appeals filed by the State of Karnataka, which challenged a common order of the Karnataka High Court granting bail to certain accused persons.
While giving his remarks, Justice J.B. Pardiwala appreciated the Judgment written by Justice R. Mahadevan, highlighting the importance of equality before the law.
Justice Pardiwala observed,
“My esteemed brother Justice R. Mahadevan has just pronounced a very erudite judgment. All that I can say in one sentence is that the judgment penned by my esteemed brother is ineffable. The judgment conveys a very strong message that whoever the accused may be, howsoever big or small the accused may be, he or she is not above the law. This judgment contains a very strong message that the justice delivery system at any level should ensure at any cost that the Rule of Law is maintained.”
While delivering the Judgment, Justice R. Mahadevan underlined the significance of legal equality in a democracy.
He said,
“Article 14 of the Constitution guarantees equality before the law and prohibits arbitrariness. It mandates that all persons – regardless of their popularity, power, or privilege – are equally subject to the law.”
Further, Justice Pardiwala in a separate Order noted the universal application of law. He stated,
“No man is above the law and no man is below it; nor de we ask any man’s permission when we ask him to obey it.”
He went on to explain that following the law is not optional but a duty of every citizen.
Justice Pardiwala strongly remarked,
“Obedience to the law is demanded as a right; not asked a favor. The need of the hour is to maintain the rule of law at all times. … The day we come to know that the accused persons are provided with some special or five-star treatment within the jail premises, the first step in the process will be to place the jail superintendent under suspension including all other officials involved in such misconduct.”
To ensure fairness across the country, he directed the Registry to circulate one copy of this Judgment to all High Courts and Jail Superintendents through their respective State Governments.
With this ruling, the Supreme Court allowed the Appeals, set aside the Karnataka High Court’s Order, and cancelled the bail granted to the accused persons.
HEARING IN DETAIL
Observing that persons regardless of popularity are equal before the law, the Supreme Court on Aug 14th cancelled the bail granted to actor Darshan and other accused in the Renukaswamy murder case.
A bench of Justices J B Pardiwala and R Mahadevan, while setting aside the Karnataka High Court order, said the high court suffers from various infirmities.
Darshan, along with actress Pavithra Gowda, is accused of abducting and torturing 33-year-old Renukaswamy, a fan who allegedly sent obscene messages to Pavithra.
“We considered everything. The grant of bail as well as cancellation. It is evident that the high court order suffers from serious infirmities, instead it reflects a mechanical exercise and moreover, the high court undertook examination at pre-trial stage,” Justice Mahadevan said.
“The trial court is alone the appropriate forum. The well-founded allegations, coupled with forensic evidence re-enforce the cancellation of bail. The bail granted to the petitioner is cancelled,” the bench said.
Reading out his opinion, Justice Pardiwala said the judgement conveys a message that, however, big the accused may be, he or she is not above the law.
“It contains a strong message that the justice delivery system at any level should ensure at any cost that rule of the law is maintained. No man is above the law or below it. Nor do we ask anyone’s permission when we obey it. The need of the hour is to maintain rule of the law at all times,” Justice Pardiwala added.
The top court also cautioned the state government against providing special treatment to the accused in jail.
“The day we come to know that the accused persons are being provided 5-star treatment, the first step would be to place the superintendent into suspension along with all other officials,” the court said.
Renukaswamy’s Father Hails SC Decision
The family of Renukaswamy welcomed the Supreme Court order, saying it reinforces their faith in justice.
“Our faith in the government, judiciary and police has increased after the Supreme Court cancelled actor Darshan’s bail. We thank the government. Our aim is to see that the criminal is punished. This will give peace to my son who was murdered,” Renukaswamy’s father Shivanagouda.
He said the cancellation of bail:
“Makes us believe that the law is equal to all, be it rich, mighty or poor.”
The judgement came on an appeal filed by the Karnataka government against the state high court’s December 13, 2024 order of bail to Darshan and the co-accused.
- Senior Advocate Sidharth Luthra represented the Appellant/State
- Senior Advocates Siddharth Dave, Gaurav Agarwal, and K. Diwakar appeared for the Actor Darshan & Other Respondents/Accused.
CASE TITLE:
State of Karnataka v. Sri Darshan Etc.
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